The Second Circuit recently held that the Americans with Disabilities Act (“ADA”) encompasses claims for hostile work environment harassment (“HWE”). Fox v. Costco Wholesale Corporation. While this plaintiff-friendly ruling may be disappointing to employers, the decision also contains some helpful analysis for defense of those claims. In Fox, Plaintiff brought ADA claims alleging discrimination, failure … Continue Reading
Workplace law changes constantly. Employers and EPL carriers need to keep up with expanding risks, changing legal obligations, reason-defying jury verdicts, the #MeToo movement, and a record number of threatened and asserted claims associated with these changes. Our 2019 EPLI Trends Report gives an overview of the related risks and exposures employers and, by extension, … Continue Reading
An employee who applies for and receives Social Security disability benefits may be judicially estopped from bringing a disability discrimination claim under the Americans with Disabilities Act (the “ADA”) according to a recent Louisiana District Court case. Tanner v. BD LaPlace, LLC. Paul Tanner was separated from his employment with BD LaPlace LLC (“BD”) for … Continue Reading
The Seventh Circuit Court of Appeals recently upheld dismissal of failure to accommodate and disability discrimination claims where, for several years, the employer provided accommodations relating to plaintiff’s mental health (including directing co-workers not to startle plaintiff). Scheidler v. State of Indiana et al. Despite that admonition, a supervisor reached toward her with a choking … Continue Reading
Employers often are reluctant to take adverse actions against poorly performing employees with a history of medical conditions due to the cost and risk involved in litigation (even though no federal, state or local law is intended to protect deficient job performance). In an instance where an employer decided to discharge a worker whose job … Continue Reading
Under the ADA Amendments Act of 2008 (“ADAAA”), an individual meets the requirement of being “regarded as” having a disability, and thus is protected from discrimination, where his or her employer believes that he or she is substantially limited in a major life activity regardless of whether he or she actually is disabled. Prior to … Continue Reading
Claiming that frequent restroom breaks were required by a pregnancy-related medical condition, a former employee’s claims were allowed to proceed under the Americans with Disability Act, but not Title VII. In Wadley v. Kiddie Academy International, Inc., plaintiff alleged that the employer discriminated against her because of a pregnancy-related disability by discharging her for leaving … Continue Reading
In Everson v. SCI Tennessee Funeral Services, LLC., the federal court granted summary judgment dismissing Plaintiff’s FMLA claims because the worker failed to follow Defendant’s FMLA notice requirements when requesting leave. As discussed below, Plaintiff’s ADA claim also was dismissed. In this lawsuit, Plaintiff alleged, among other things, that Defendant retaliated against him for requesting FMLA … Continue Reading
The United States District Court for the Southern District of Alabama in McClain v. Tenax Corp. recently denied in part an employer’s motion for summary judgment on a disabled employee’s failure to accommodate claim under the ADA. The Court held the ADA-required interactive process never took place where the employer’s issued an ultimatum to the … Continue Reading
In Rodrigo v. Carle Foundation Hospital, No.16-1403 (7th Cir.), plaintiff was a medical resident in a three-year residency program (the “Program”). In addition to completing certain rotations and passing parts one and two of the United States Medical Licensing Examination (“USMLE”) or (“Step 1” and “Step 2,” respectively), residents were required to pass Step 3 … Continue Reading
To enable employees to deal with natural disasters and severe local weather, employers should prepare to address issues arising from employees’ inability to get to work. By itself, being stuck at home because of a blizzard is not a protected activity. This constitutes a personal absence warranting no protection under the law. However, if the … Continue Reading
Though still a year away, employee health plans are in for significant change beginning January 1, 2019. This modification is the result of a longstanding argument about plan administration. In October 2016, the AARP sued the Equal Employment Opportunity Commission (EEOC), arguing that the regulations interpreting the Americans With Disabilities Act and Genetic Information Nondiscrimination … Continue Reading
Some times, small steps can have a big impact in defending employment-related litigation. For a few tips to start the new year click here… Continue Reading
The Eleventh Circuit Court of Appeals recently vacated the lower court’s grant of summary judgment that dismissed a disability discrimination claim brought by a female police detective. Years earlier, the detective suffered a “small heart attack” that the Police Department felt presented a significant risk if she suffered a Taser shock. As part of the Taser … Continue Reading
Determining how long an employer must hold a position for an absent worker is a question that vexes Human resources Directors and Operations management. The Seventh Circuit recently ruled, in Severson v. Heartland Woodcraft, Inc., that an employee’s request for extended leave after having exhausted his Family Medical Leave Act (“FMLA”) entitlement is not a … Continue Reading
In a recently filed lawsuit, the U.S. Equal Employment Opportunity Commission contends that Consolidated Edison Co. (“Con Ed”) violated the Americans with Disabilities Act (“ADA”) and the Genetic Information Non-Discrimination Act of 2008 (“GINA”) by its use of pre-employment medical examinations. According to the Complaint, Con Ed required applicants to submit to pre-employment medical examinations … Continue Reading
In our e-commerce age, lawsuits complaining that business websites are not accessible to vision-impaired users in violation of Title III of the Americans With Disabilities are on the rise. For a complete discussion and important takeaways, click here.… Continue Reading
On July 17, 2017, the Massachusetts Supreme Judicial Court ruled that under the Massachusetts Anti-Discrimination law an employer may be required to accommodate an employee who is a current user of medical marijuana regardless of the employer’s drug free workplace and drug testing policies. For a complete discussion on the ruling and tips on how … Continue Reading
The Fifth Circuit recently upheld the dismissal of a lawsuit against an employer who denied an employee’s request to telecommute on the grounds that regular attendance at work is an essential function of her job as a litigation attorney. Credeur v State of Louisiana, 16-CV-30658 (5th Cir. 2017). The employer did provide unpaid leave as … Continue Reading
On May 4, 2017, the U.S. Court of Appeals for the Seventh Circuit in Brown v. Milwaukee Board of School Directors affirmed the summary judgment dismissal of a former employee’s disability discrimination claim under the ADA. While the employer consistently sought to find reasonable accommodations, plaintiff failed to engage in the interactive process because neither … Continue Reading
According to one federal court judge, a transgendered former employee can proceed with an employment discrimination case under the American With Disabilities Act (“ADA”) alleging that she was mistreated and fired based on her gender-identity-related disability. Blatt v. Cabela’s Retail, Inc., No. 5:14-cv-04822 (E.D. Pa. May 18, 2017). While courts have recognized federal protections for … Continue Reading
The Seventh Circuit Court of Appeals affirmed the grant of summary judgment dismissing a former employee’s claim that he was terminated because of his purported disability, “sensitivity to electromagnetic voltage.” Hirmiz v. New Harrison Hotel Corp., Docket No. 16-3915 (7th Cir. Apr. 6, 2017). The Court held that “sensitivity to electromagnetic voltage” was not a … Continue Reading
In Preeson v. Parkview Medical Center, a federal court in Colorado denied Defendant’s motion for summary dismissal of a claim under the Americans with Disabilities Act (“ADA”). Plaintiff alleged, in relevant part, that her termination from employment constituted discrimination on account of a disability. Plaintiff suffered from Cyclic Vomiting Syndrome (“CVS”). As such, she contended … Continue Reading
In Crain v. Roseville Rehabilitation and Health Care, the United States District Court for the Central District of Illinois denied an employer’s motion for summary judgment dismissing a claim under the Americans with Disabilities Act (“ADA”) and the Rehabilitation Act. In Crain, Plaintiff alleged that her employer discriminated against her under the ADA because of … Continue Reading
